CASE OF MONICA MACOVEI AGAINST ROMANIA AND 2 OTHER CASES

Resolution CM/ResDH(2024)314 Execution of the judgments of the European Court of Human Rights Three cases against Romania   (Adopted by the Committee of Ministers on 5 December 2024 at the 1514th meeting of the Ministers’ Deputies)   Application No. Case Judgment of Final on 53028/14 MONICA MACOVEI 28/07/2020 28/10/2020 68373/14 RUSU 01/03/2022 01/03/2022 22953/16 STANCU AND OTHERS 18/10/2022 18/01/2023   The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),   Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violations of Article 10 of the Convention established on account of unjustified interferences with the applicants’ right to freedom of expression, as a result of the domestic courts’ decisions holding them liable in tort for defamation;   Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:   -          of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and -          of general measures preventing similar violations;   Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;   Having examined the action report provided by the government indicating the individual measures adopted to execute the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2024)899);   Considering that the question of individual measures was resolved, given that the just satisfaction awarded was duly paid, effectively erasing all the negative consequences for the applicants of the violations established;   Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the Ghiulfer Predescu (No. 29751/09) group of cases, also in the light of the Court’s findings in these cases, and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required;   DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases;   CONCLUDES that the necessary individual measures have been adopted;   DECIDES to continue to supervise the adoption of the necessary general measures concerning unjustified interferences with the right to freedom of expression in the Ghiulfer Predescu (No. 29751/09) group of cases;   DECIDES to close the examination of these cases.